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ADL2601 Assignment 1 Semester 1 2023

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ADL2601 Assignment 1 Semester 1
2022

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ADL2601
Assignment 1 Semester 1 2022
Unique Number : 761262

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QUESTION 1

The Hate Speech Act 71 of 2008 (the “Act”) gives the Minister of National Integration
Reconciliation and Official Languages (the “Minister”) the power to ban for a period of up to
(5) five years any individual, club, society, or other organisation that is associated with
racism or has racist sympathies.

Section 9 of the Act creates and empowers the Racism Commission of South Africa (“RCSA”)
to undertake an investigation into the activities of any organisation and to make a report to
the Minister. The Minister then has the discretion to adopt or reject the recommendation in
issuing a banning order. It is important to note that the Act does not permit any reviews or
appeals and does not provide a duty for the Minister to give reasons for any banning orders
issued.

Your client, Mr Jack Sparrow (a South African citizen), has notoriously stated that
colonisation has been a blessing to Africa and its benefits are still being realised. This starts

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